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East Texas Man Claims He Was Fired Because of His Hepatitis

A former employee with First Choice Personnel Services Inc. claims that he was fired from his job after his employer learned that he had hepatitis C. Now the man has a Texas employment lawyer and is filing a lawsuit against the company, alleging discrimination under the Americans with Disabilities Act (ADA).

The employee, Darrell Newcomer, names employers General Shelters of Texas Ltd., Center Staffing Solutions Inc., East Texas Staffing Solutions Inc., in the lawsuit. The three companies all do business as First Choice Personnel Services Inc. and Center Staffing Solutions.

The Southeast Texas Record reports that the lawsuit was filed on April 23 in the Marshall Division of the Eastern District of Texas. In this case, the plaintiff claims that his employer asked him not to return to work until a cut on his arm had healed. While the employee claimed that he posed no danger to anybody's health while employed at General Shelters, he says that he was terminated from his position because of his disease.

Darrell Newcomer is now seeking damages for lost wages, mental pain and anguish, emotional distress, humiliation and embarrassment, attorneys' fees, court costs and interest.

Under Title I of ADA, employers are prohibited from discriminating on the basis of disability. FindLaw states that this law applies to private employers, state and local governments, employment agencies, and labor organizations that employ 15 or more employees. In addition to non-discrimination, employers are also supposed to provide a reasonable accommodation to a qualified applicant or employee with a disability, as long as the accommodation does not place an undue hardship on the employer.

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